Shelton

Shelton v. MCLP Asset Co. CA2/5

Good Law
Court of Appeal of CaliforniaDecember 19, 2024B330488California5,576 words

Opinion

Opinion

Moor, J.

facts alleged in the complaint as true, other than legal conclusions and facts contrary to matters which may be judicially noticed. (See Terminals Equipment Co. v. City and County of San Francisco (1990) 221 Cal.App.3d 234, 241.)

2 In May 2021, Wells Fargo executed an assignment of the deed of trust, together with all liens and rights, to US Bank, N.A., as Trustee for the LB Igloo Series IV Trust claims. The assignment of the deed of trust to US Bank was recorded on May 17, 2021. In October 2021, US Bank executed an assignment transferring the deed of trust and the note to Community Loan Servicing, LLC. On December 4, 2021, Shelton, Jon Sherman, and Ramshin Daneshi entered into an agreement to purchase the Kelvin Place property from Nino. US Bank’s assignment of the deed of trust to Community was recorded on December 27, 2021. Community did not execute an assignment of the trust deed to anyone, but on January 27, 2022, MCLP sent a notice to Nino with the heading, “NOTICE OF ASSIGNMENT, SALE OR

TRANSFER OF OWNERSHIP OF MORTGAGE LOAN (

U.S.C. § 1641(g)).” The notice stated, “You are receiving this notice because the ownership of your mortgage loan identified below has been…

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